How Long Do I Face in Prison for Illegal Drug Manufacturing?
Contents
- 1 How Long Do I Face in Prison for Illegal Drug Manufacturing?
- 1.1 It Depends on the Type of Drug
- 1.2 The Amount of Drugs Matters Too
- 1.3 Intent Matters Too
- 1.4 What About Mandatory Minimum Sentences?
- 1.5 What About My Criminal History?
- 1.6 Don’t Forget About State Laws Too
- 1.7 What About My Chances of Getting Probation?
- 1.8 Don’t Forget Fines, Fees, and Forfeitures Too
- 1.9 Getting a Lawyer is Critical
How Long Do I Face in Prison for Illegal Drug Manufacturing?
If your facing charges for manufacturing illegal drugs, your probably worried about how much time you might spend behind bars. As you can imagine, penalties can be pretty steep depending on the specifics of your case. But there’s a wide range based on the type and amount of drugs, your criminal history, and other factors. Let’s break it down so you know what to expect.
It Depends on the Type of Drug
Not all illegal drugs are treated equally under the law. Typically, penalties are most severe for “hard” drugs like:
- Cocaine
- Heroin
- Methamphetamine
- LSD
- Ecstasy
Marijuana and pharmaceutical drugs fall more in the middle. The law views hard drugs as very dangerous with high potential for abuse, addiction, and overdose. So if your convicted of making those types of drugs, your facing much steeper punishments.
The Amount of Drugs Matters Too
In addition to the type of drug, the quantity that was manufactured makes a huge difference. Under federal law, drug quantities are divided into “tiers” based on weight. The more drugs you made, the higher the tier, and the longer the possible prison sentence if convicted. For example with meth:
- 50 grams or more = 10 years to life in prison
- 5-49 grams = 5-40 years in prison
- Less than 5 grams = Up to 20 years in prison
So someone caught making 10 pounds of meth is facing a much different sentence than someone with just a few ounces. The reason is someone with large quantities is presumed to be a major manufacturer and dealer, rather than a small-time operator.
Intent Matters Too
In addition to the type and quantity of drugs, prosecutors and judges will also consider what your “intent” was. Where you manufacturing just enough for personal use? Or where you running a large-scale operation to sell and distribute? Generally, intent to distribute and sell is viewed as more serious with longer sentences. But simple possession for personal use can still carry multi-year sentences with large enough quantities.
What About Mandatory Minimum Sentences?
For some major federal drug crimes like manufacture of heroin, cocaine, meth, there are “mandatory minimum” sentences. This means if convicted, the judge is required by law to impose at least that minimum prison term, regardless of any mitigating factors. For example:
- 10+ years for 10+ grams of LSD
- 5+ years for 28+ grams of crack cocaine
- 10+ years for 100+ marijuana plants
So in cases involving those threshold quantities, your facing serious time no matter what. Some criticize mandatory minimums as overly harsh and inflexible given the circumstances of each case. But others argue their a strong deterent against major drug operations. Where you stand depends on your view of balancing punishment vs rehabilitation.
What About My Criminal History?
If you have prior felony convictions, that will also increase the likely prison sentence if convicted again. Prosectors will portray you as a repeat offender with little chance of rehabilitation without significant incarceration. Certain “enhancements” can double the mandatory minimums if you have 1+ prior drug felonies. So someone with no criminal record is facing much lower sentences for the same crimes compared to a repeat offender.
Don’t Forget About State Laws Too
Everything we’ve discussed so far applies to federal law. But each state also has its own laws prohibiting and punishing the illegal manufacture of drugs. And they vary widely in terms of the specifics – which drugs are most serious, what quantities trigger which penalties, sentencing guidelines, etc. So where your arrested and prosecuted matters greatly. You’ll want to consult a local criminal defense lawyer to understand the laws and typical sentences where your case is located.
What About My Chances of Getting Probation?
For low-level offenses involving small drug quantities and no criminal record, probation is often a possibility instead of years behind bars. But again this varies by state. Some states offer deferred adjudication for first time drug offenses. This means if you successfully complete a rehabilitation program and probation term (like 5 years), you can avoid a conviction and prison time. But for large operations or repeat offenders, probation is very unlikely.
Don’t Forget Fines, Fees, and Forfeitures Too
Prison time isn’t the only punishment for manufacturing illegal drugs. Even if you avoid incarceration, or receive a short sentence, your still facing major fines up to $10 million under federal law. Any property, vehicles, cash, or assets tied to the drug operation may be seized and forfeited as well. And you’ll still have court fees, probation costs, and treatment program fees that can run tens of thousands of dollars. This can leave you financially devastated for decades trying to pay it back.
Getting a Lawyer is Critical
As you can see, the penalties for manufacturing illegal drugs are severe under both federal and state laws. Mandatory minimum sentences leave little flexibility depending on the case specifics. So getting an experienced criminal defense lawyer is extremely important to understand the charges, build a defense strategy, try negotiating with prosecutors, and potentially take your case to trial. An lawyer who regularly handles major drug cases will know all the options and strategies. Don’t wait to start consulting attorneys in your area for a free case evaluation.
I know facing drug charges is an incredibly stressful situation with so much uncertainty about your future. But understanding the likely penalties based on your specific case facts is important so you know what your up against. Don’t hesitate to keep educating yourself, talk to lawyers, and consider all your options. You still have rights worth fighting for.